E-SIGN Agreement for Electronic Transactions YOUR CONSENT TO ELECTRONIC RECORDS

Effective Date: March 30, 2022

This Agreement for Electronic Transactions and Your Consent to Electronic Records (“E-SIGN Agreement”) is between the individual (“You”) who downloads the Rain App or who otherwise uses the Rain Services and Rain Technologies Inc. (“Rain”).   

This E-SIGN Agreement applies to any transaction with, or to the delivery or receipt of any record from, Rain or any affiliate of Rain conducted via the Rain Services.  This E-SIGN Agreement also applies to Your transactions relating to (including any application for) the Credit Line Account Agreement (“Credit Account”) or any other financial account You hold with Evolve Bank & Trust (“Bank” or “Evolve”), as well as to any disclosure, notice, statement, or other records that Rain provides for Evolve.

Under this Agreement, You are being asked to agree to two main provisions: first, you are asked to acknowledge and agree to conduct transactions through electronic methods; second, you are asked to acknowledge and agree to receive all documents and communications via electronic records (e.g., email, PDF, or text messages), instead of through paper records.

Please carefully read this Agreement and retain a copy for Your records. 

IF YOU DO NOT AGREE TO CONDUCT TRANSACTIONS THROUGH ELECTRONIC METHODS AND TO RECEIVE ALL DOCUMENTS AND COMMUNICATIONS VIA ELECTRONIC RECORDS, THEN YOU MAY NOT OPEN A RAIN ACCOUNT OR YOUR RAIN ACCOUNT MAY BE TERMINATED.  IN ADDITION, YOUR ACCOUNT(S) WITH BANK MAY BE TERMINATED.

Notwithstanding this E-SIGN Agreement, Rain reserves the right to act, in Rain’s sole discretion, to provide a paper copy of any Document to You.  However, unless Rain provides its express agreement, you may not substitute a paper copy for any electronic record of any Document.

  1. General Agreement for Electronic Methods for Transactions
    By clicking “Yes” or “Consent and continue” or similar signifier using Rain’s Services, You acknowledge and agree that:
    (i) You and Rain, respectively, shall have the right to use an electronic method to conduct any transaction relating to the Rain App or to any aspect of Bank’s Services;
    (ii) You and Bank, respectively, shall have the right to use an electronic method to conduct any transaction relating to any aspect of Bank’s Services; and
    (iii) Notwithstanding clause (A)(i) or (A)(ii), You or Rain or Bank may elect to use other methods, such as to transact orally over the telephone, but the use of another method does not modify or revoke the parties’ agreement to conduct transactions using electronic methods.
  2. Consent to Receive Electronic Records
    By clicking “Yes” or “Consent and continue” or similar signifier using Rain’s Services, You are consenting to receive any and all agreements, documents, notices, receipts, or statements in an electronic form (each an “Electronic Record”) relating to the Rain App or any aspect of the Rain Services, including when Rain acts as service provider for Bank.
    In particular, You acknowledge and agree that:
  1. You agree that Rain is permitted to send any and all information to You via Electronic Records, such as via email, to a website or link that is included in an e-mail notice, or through other means to Your Rain Account where you can review the Electronic Records using Your Device. 
    You agree that Rain’s delivery of each Electronic Record (and the Electronic Record itself), including when delivered for Bank, shall have the same meaning and effect as if a paper document is provided to You, regardless of whether You choose to view an Electronic Record.
    You also acknowledge and agree that You have the hardware and software described in Section D, that You are able to receive and review Electronic Records, and that You have an active email account.
    Your consent to receive Electronic Records shall last until You revoke Your consent, and You agree that any revocation You elect to make may be effective only if You communicate Your decision in accordance with the instructions described in Section E. 
  2. Email Address Must Be Kept Current
    You shall, at all times, provide Rain and Bank with a true, accurate, and complete email address, as well as other contact information (such as Your mobile telephone number), as Rain may request, in order to communicate with You. 
    You shall promptly notify Rain of any change in Your email address or any other necessary contact information.  Rain shall not be at fault, and shall not bear any liability, if You fail to update Your email address or any other necessary contact information. 
    If Rain sends an email message to You regarding any electronic communication or any transaction and uses the email address that You have provided in the Rain App or in the Rain Account, Rain shall be deemed to have provided notice or completed that transaction with You.  If such an email is returned as undeliverable, Rain shall not have any duty to re-deliver the email unless and until You provide an updated email address, and subject to any conditions that Rain may impose to maintain its security controls for the Rain App or the Rain Account. 
    If Your email address is no longer valid, Rain reserves the right to determine that Your Rain Account is inactive.  You will not be able to conduct any transaction using the Rain App, including with Your Credit Account or other financial account with Evolve that is serviced by Rain, until You update your email address.
    You may change the email address on record in Your Rain Account by making the necessary modification in the profile page or by contacting Rain.
    From time to time, Rain may provide You with separate instructions to update your email address in the Rain Account.  
  3. Hardware and Software You Need
    To access or to view Electronic Records, You will need:
  1. The term “Current Version” means a version of the software that Rain supports and that is currently being supported by the publisher of that software.  Rain supports the Current Version and for a period of time (at least three months), the version immediately prior to the Current Version of (i) Android or iOS and (ii) Firefox, Google Chrome, Microsoft Edge, Microsoft Internet Explorer, and Safari.
    As permitted by and in accordance with applicable law, Rain reserves the right to discontinue support of a Current Version of software for any reason, including Rain’s own determination that the software suffers from a security defect or other flaw that makes the software unsuitable for use with the Rain App or any website for providing the Rain Services.    
  2. Revoking Your Consent for Electronic Records
    Your consent to receive Electronic Records is effective until further notice by Rain or until You withdraw or revoke Your consent to receive Electronic Records. 
    You may withdraw or revoke Your consent to receive Electronic Records at any time.  However, in order to communicate Your election to withdraw or revoke Your consent to receive Electronic Records, You must either:
    (i) Select the “Contact Us” button in the Rain App; or
    (ii) Submit Your decision to Rain, in writing, to:
    CUSTOMER SUPPORT–REVOKE E-SIGN CONSENT
    209 10th Ave S
    Ste 560
    Nashville, TN 37203-7120
    Any election You make to withdraw or revoke Your consent to receive Electronic Records shall take effect only after Rain has a reasonable period of time to process Your election.
    If You withdraw or revoke Your consent, You may not be permitted to use the Rain App or some or all of the Rain Services, including Bank’s Credit Account.   Moreover, if You withdraw or revoke Your consent to receive Electronic Records, Rain or Bank, in each party’s sole discretion, may close Your Rain Account or may close Your Credit Account. 
    You understand that You may have a right to receive information required to be delivered to you in paper form.  To exercise any right You may have to request a paper copy of any document, at no charge to You, please write to Rain Technologies Inc. within 180 days of the date of the electronic issuance of the disclosure or notice.  You must write to Rain at the following address:
    CUSTOMER SUPPORT–PAPER RECORD
    209 10th Ave S
    Ste 560
    Nashville, TN 37203-7120
    In Your request, please specify the paper document You wish to receive. 
    Please note that, if You only request a paper document, Your request, in and of itself, shall not constitute Your withdrawal or revocation of Your consent to receive Electronic Records.

Evolve Bank & Trust Electronic Communication Consent

Evolve Bank & Trust (“Evolve” or “Bank”) wishes to provide you with communications electronically. Certain laws and regulations require the Bank to provide communications to you “in writing,” which means you may be entitled to receive the information on paper.  Generally speaking, the E-SIGN Act allows the Bank to provide you communications electronically and to conduct transactions with you electronically, with your consent.

Please carefully read this Evolve Bank & Trust Electronic Communication Consent (the “Consent”) prior to providing us with your consent. This Consent describes how we deliver and receive communications to and from you electronically and asks you to consent to use electronic records and signatures in our relationship with you. If you do not agree to this Consent or you later withdraw your consent provided herein, you may not be able to continue to use our services.

Definitions

“We”, “us”, and “our” means Evolve Bank & Trust, its current or future affiliated companies, agents, assignees and service providers.   

“You” and “your” mean each applicant, account owner and anyone else with access to the account. If there is more than one owner, then these words mean each account owner separately, and all account owners jointly.  

“Communication” means each application, agreement, disclosure, notice, fee schedule, response to claims, statement, privacy policy, record, document and other information related to your account or to any Product, or that you sign, submit or agree to at our request.  

“Product” means each and every account, product, or service we offer or will offer. 

“Servicer” means Rain Technologies Inc. (“Rain”) or any affiliate of Rain.

The words “include” and “including,” when used at the beginning of a list of one or more items, indicates that the list contains examples and is not exclusive or exhaustive, and the items in the list are only illustrations.

 

Scope of Communications to be Provided in Electronic Form.

This Consent applies to all Communications and Products. By applying for or using a Product, you agree that any Communications will be provided in electronic format, to the extent allowed by law, and that paper Communications will not be sent. Your consent to receive electronic Communications and transactions includes, but is not limited to:

  1. All legal and regulatory disclosures and communications associated with the Product;
  2. The Account Terms, including any amendments thereto, and any and all agreements by and between you and us that relate to a Product;
  3. Privacy policies and notices;
  4. Responses to claims filed in connection with a Product;
  5. Statements; and
  6. All other communications between us and your concerning the Product and any related transactions, products or services.

Sometimes the law, or our agreement with you, requires you to give us a written notice. You must still provide these notices to us on paper, unless we specifically tell you in another Communication how you may deliver that notice to us electronically.   

We reserve the right, at our sole discretion, to discontinue the provision of electronic Communications, or to terminate or change the terms and conditions upon which electronic Communications are provided. We will provide you with notice of any such termination or change as required by law.

Method of Providing Communications in Electronic Form.

All Communications that we provide in electronic form will be provided:  (1) by e-mail; (2) by access to a website designated in an email notice from us; (3) through the any mobile application we may make available; (4) to the extent permitted by law, by access to a website generally designated in advance for such purpose; or (5) in the manner specified in any other agreement we or our affiliates have with you.

If you seek to obtain a new product, service or account with us, we may remind you that you have already consented to receiving electronic Communications and using electronic signatures in your relationship with us.   

Continuing to use our Products after receiving updates to our system requirements signifies your acceptance of the change and reaffirmation of your consent.

Keeping your Records Current.

It is your responsibility to provide us with a true, accurate and complete e-mail address, street address, and other information related to this Consent and a Product, and to maintain and update promptly any changes in this information. You can update information (such as your e-mail address) by contacting our Servicer at care@rain.us .  We are not responsible for any delay or failure in the receipt of the Communications if we send the Communications to the last e-mail address you provided to us.

System Requirements for Accessing Communications.

In order to access, view, and retain electronic Communications that we make available, you must have a computer capable of running one of these compatible browsers:

The term “Current Version” means a version of the software that our Servicer supports and that is currently being supported by the publisher of that software.  Our Servicer supports the Current Version and for a period of time (at least three months), the version immediately prior to the Current Version of (i) Android or iOS and (ii) Firefox, Google Chrome, Microsoft Edge, Microsoft Internet Explorer, and Safari.

We may update these requirements as necessary to preserve the ability to receive electronic Communications. If there is a substantial change in these requirements, you will be notified as required by law.

Requesting Paper Copies.

We will not send paper copies of any Communication; however, we reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically. You can obtain a paper copy of an electronic Communication by printing it or by requesting that we mail a paper copy.  To request a paper copy, call our Servicer at (424) 369-7246 during normal business hours, except for national holidays. There may be a fee associated with the request for the delivery of paper copies of any Communication provided electronically pursuant to this Consent.

Communications in Writing.

All Communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download a copy of this Consent and any other Communications for your records.

Withdrawing Your Consent 

You are permitted, at any time, to withdraw your consent to receive Communications electronically.  Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon your withdrawal notice. To withdraw your consent to receive Communications electronically, you must contact us by e-mailing at care@rain.us.

If you withdraw consent, your access to all Products will be terminated, any account you have with us will be closed, and funds will be returned to you in accordance with the account agreement. If you withdraw consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.

Consent 

By applying for or using a Product or by checking any call to action (including “I Agree” or similar language), you give us affirmative consent to receive electronic Communications as described herein.  

By providing your consent, you are also confirming that you have the hardware and software described above, that you are able to receive and review electronic Communications, and that you have an active email account. You are also confirming that you are authorized to, and do, consent on behalf of all the other account owners, authorized signers, authorized representatives, delegates, product owners and/or service users identified with your Products.

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